Vol. 92 Nbr. 5, May 2017
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- Keynote address: two challenges for the judge as umpire: statutory ambiguity and constitutional exceptions.
- Originalism and stare decisis.
- Beyond the text: justice Scalia's originalism in practice.
- Justice Scalia and class actions: a loving critique.
- The limits of reading law in the Affordable Care Act cases.
- Justice Scalia and Sherman Act textualism.
- Justice Scalia's unfinished business in statutory interpretation: where textualism's formalism gave up.
- Justice Scalia, implied rights of action, and historical practice.
- Justice Scalia, the nondelegation doctrine, and constitutional argument.
- Boyle as constitutional preemption.
- Did justice Scalia have a theory of interpretation?
- Reviewability and the 'law of rules': an essay in honor of Justice Scalia.
- The more? Uniform Code of Military Justice (and a practical way to make it better).
- Compensatory damages are not for everyone: section 1997e(e) of the Prison Litigation Reform Act and the overlooked amendment.
- Free will's enormous cost: why retribution, grounded in free will, is an invalid and impractical penal goal.
- A textual analysis of whistleblower protections under the Dodd-Frank Act.